Expunction in Texas: which records can be cleared

Each way to clear a record in Texas, what it covers, the exclusions and the effect.

Checked against official sources: October 25, 2026.

Short answer

In Texas it is called expunction or order of nondisclosure: an expunction orders agencies to return or destroy the records of an arrest, and you may then deny the arrest happened. Some misdemeanor convictions may be cleared.

Main remedy: Expunction
What it covers: Arrests that did not end in a final conviction: no charges filed, charges dismissed or quashed for listed reasons, acquittal, limitations period expired; also convictions later pardoned, pre-Sept.
Ways to clear a record: 2

Ways to clear a record in Texas

Expunction; order of nondisclosure — An expunction orders agencies to return or destroy the records of an arrest, and you may then deny the arrest happened. An order of nondisclosure seals the record from the public, but police, courts and many licensing agencies can still see it.

Texas has 2 ways to clear a record. Each covers different records and has its own waiting period.

Expunction

Arrests that did not end in a final conviction: no charges filed, charges dismissed or quashed for listed reasons, acquittal, limitations period expired; also convictions later pardoned, pre-Sept. 1, 2021 unlawful handgun carrying convictions, and mistaken identity. Not available if you got court-ordered community supervision (including deferred adjudication) for the offense, except for a Class C misdemeanor.

Kind of case	Waiting period	Counted from
Class C misdemeanor arrest, no charge filed	See the rule If no charge was filed, you can ask after at least 180 days from the arrest.	Date of arrest (180 days)
Class A or B misdemeanor arrest, no charge filed	1 year If no charge was filed, you can ask after at least one year from the arrest.	Date of arrest
Felony arrest, no charge filed	3 years If no charge was filed, you can ask after at least three years from the arrest.	Date of arrest
Prosecutor certifies records not needed	No waiting period You do not have to wait if the prosecutor certifies the records are not needed for any investigation or prosecution.	Date of the prosecutor's certification
Acquitted at trial	No waiting period If you were found not guilty, the court enters the order within 30 days of the acquittal at your request.	Acquittal
Charge dismissed or quashed (listed reasons)	No waiting period You can ask right away if the charge was dismissed because you finished a veterans court, mental health court or pretrial intervention program, the charge lacked probable cause, or it was void.	Dismissal
Charge dismissed for another reason	See the rule If the charge was dismissed for a reason not listed above, you can ask once the time limit for prosecuting the offense has run out.	End of the limitations period for the offense

Not eligible: Final convictions (unless pardoned); arrests where you got court-ordered community supervision or deferred adjudication other than for a Class C misdemeanor; an acquittal when you were convicted of, or can still be charged with, another offense from the same criminal episode; arrests on a probation-violation warrant; driver's license suspension records.
Limits: Expunction based on finishing a veterans treatment court program, and expunction based on finishing a mental health court program, are each available only once in your life.

Law: Tex. Code Crim. Proc. ch. 55A (arts. 55A.001-55A.402)

Source: Official text

Order of Nondisclosure

Deferred adjudication that ended in discharge and dismissal (misdemeanors and most felonies), and some first-time misdemeanor convictions, including a first DWI (not if your alcohol concentration was 0.15 or more for a conviction, and not if the offense caused a collision involving another person). Felony convictions are not eligible. Also a separate order for certain human-trafficking victims.

Kind of case	Waiting period	Counted from
Deferred adjudication, nonviolent misdemeanor, first offense	No waiting period The court must issue the order when it discharges you, or as soon as possible once 180 days have passed since you were placed on deferred adjudication. A $28 fee applies.	Discharge and dismissal (at least 180 days after you were placed on deferred adjudication)
Deferred adjudication, other misdemeanor	No waiting period You can petition as soon as you are discharged.	Discharge and dismissal
Deferred adjudication, misdemeanor under Penal Code ch. 20, 21, 22, 25, 42, 43 or 46	2 years You must wait two years after discharge for these misdemeanors, such as assault or weapons offenses.	Discharge and dismissal
Deferred adjudication, felony	5 years You must wait five years after discharge for a felony.	Discharge and dismissal
Misdemeanor conviction with probation, first offense	See the rule You can petition once you finish probation, or two years after finishing it for misdemeanors under Penal Code ch. 20, 21, 22, 25, 42, 43 or 46.	Completion of community supervision
Fine-only misdemeanor conviction, first offense	No waiting period You can petition once you have finished your sentence.	Completion of sentence
Other misdemeanor conviction (jail sentence), first offense	2 years You must wait two years after finishing your sentence. Violent or sexual offenses (other than simple assault) cannot get this order.	Completion of sentence
First DWI, deferred adjudication	2 years You must wait two years after discharge.	Completion of deferred adjudication and discharge
First DWI conviction with probation	See the rule You wait two years if you used an ignition interlock for at least six months, otherwise five years.	Completion of community supervision
First DWI conviction without probation	See the rule You wait three years if you used an ignition interlock for at least six months, otherwise five years.	Completion of sentence

Not eligible: Offenses requiring sex offender registration; aggravated kidnapping; murder and capital murder; trafficking of persons; injury to a child, elderly or disabled person; abandoning or endangering a child; violating a protective order; stalking; any offense involving family violence. This applies to the offense you want sealed and to any earlier one. You are also ineligible if you were convicted of or got deferred adjudication for any new offense (other than a fine-only traffic ticket) during your sentence, supervision or waiting period. For conviction-based orders, the automatic misdemeanor deferred order and DWI orders, any earlier conviction or deferred adjudication (other than a fine-only traffic ticket) disqualifies you. A misdemeanor conviction that was violent or sexual (other than simple assault) cannot be sealed.
Limits: Conviction-based orders and the automatic misdemeanor deferred order are only for people with no other prior conviction or deferred adjudication except fine-only traffic tickets.

Law: Tex. Gov't Code ch. 411, subch. E-1 (secs. 411.071-411.0775)

Source: Official text

What changes afterwards

After expunction you may deny the arrest and the expunction order, except when asked under oath in a criminal case, where you may say only that the matter was expunged. After an order of nondisclosure you do not have to list the case on job, information or license applications, but criminal justice agencies and many state licensing agencies can still see and use it.

Law: Code Crim. Proc. art. 55A.401; Gov't Code 411.0755; Gov't Code 411.0765

Juvenile records

Juvenile records are sealed without an application once you are 19 if you had no felony adjudication, no pending juvenile matters, were not transferred to adult court, and have no adult felony or jailable misdemeanor conviction or pending charge. Others can apply to the juvenile court. Juvenile records cannot be expunged; they are sealed instead.

Law: Tex. Fam. Code secs. 58.253, 58.256, 58.265

Pardons in Texas

Who decides: The Governor, only on the written recommendation of a majority of the Board of Pardons and Paroles
How: Send a clemency application to the Board's Clemency Section. A full pardon is available after a conviction or after you complete deferred adjudication. A pardoned conviction can then be expunged.

Official pardon page

Law: Tex. Const. art. IV, sec. 11; Tex. Code Crim. Proc. art. 55A.004

In nearby states

Oklahoma: Expungement (Section 18 expungement; Section 991c deferred-sentence expungement)
Louisiana: Expungement
New Mexico: Expungement
Arkansas: Sealing (petition and order to seal; formerly called expungement)

Your next steps in Texas

Start with your record
Get a copy of your record so you know each case and how it ended. TexasLawHelp: I need to clear an arrest from my record (expunction) and TexasLawHelp: How to ask for a nondisclosure order.
Count the waiting period
Waiting periods differ by case and remedy. Waiting periods.
Ask the court
The court decides each request. How to file.
Talk to legal aid
Free help: TexasLawHelp.org (Texas Legal Services Center) - forms, clinics and legal aid finder and Texas RioGrande Legal Aid.

Where to get free help in Texas

Questions about clearing a record in Texas

What is clearing a record called in Texas?

Expunction; order of nondisclosure. An expunction orders agencies to return or destroy the records of an arrest, and you may then deny the arrest happened. An order of nondisclosure seals the record from the public, but police, courts and many licensing agencies can still see it.

Which records can be cleared in Texas?

Expunction: Arrests that did not end in a final conviction: no charges filed, charges dismissed or quashed for listed reasons, acquittal, limitations period expired; also convictions later pardoned, pre-Sept. 1, 2021 unlawful handgun carrying convictions, and mistaken identity. Not available if you got court-ordered community supervision (including deferred adjudication) for the offense, except for a Class C misdemeanor. Order of Nondisclosure: Deferred adjudication that ended in discharge and dismissal (misdemeanors and most felonies), and some first-time misdemeanor convictions, including a first DWI (not if your alcohol concentration was 0.15 or more for a conviction, and not if the offense caused a collision involving another person). Felony convictions are not eligible. Also a separate order for certain human-trafficking victims.

Can juvenile records be cleared in Texas?

What can I say after my record is cleared in Texas?